Bhola Ram v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7817 of 2018 ====================================================== Bhola Ram Son of Late Tapeshwar Ram Resident of Village - Ratanpur, P.S. - Raxaul, District - Motihari.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The District Magistrate, East Champaran Motihari. 3.

The District Education Officer D.E.O., East Champaran Motihari. 4.

The District Programme Officer Establishment, East Champaran Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Sahni For the Respondent/s :

Mr.Prabhakar Jha- Gp27 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondent-State.

2. With consent of the parties, the present writ application is being disposed of at this stage itself.

3. The petitioner has prayed for grant of following relief :- "1. That through this writ application the petitioner seeks indulgence of this Hon'ble Court for issuance of appropriate writ/writ's order/orders, directions in the nature of mandamus commanding the respondents to grant second A.C.P. with effect from 25.03.2005 at the place of dated 01.09.2011 which was wrongly granted to the petitioner vide order dated 15.12.2016 (Annexure-2) issued under the signature of District Programme Officer, East Champaran, Motihari and further prays for grant another relief/reliefs to the petitioner for which he is entitled under the law according to facts and circumstances of the case."

Patna High Court CWJC No.7817 of 2018(3) dt.02-12-2025 2/3

4. Learned counsel for the petitioner submits that for the aforesaid relief claimed in the present writ application, the petitioner is prepared to file a detail representation before the District Education Officer, East Champaran, Motihari (respondent No.3). He further submits that appropriate direction be issued to the aforesaid District Education Officer, East Champaran, Motihari (respondent No.3) to dispose of the said representation on merit within a fixed time frame after giving an opportunity of hearing to the petitioner.

5. To the aforesaid submissions made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

6. Considering the limited nature of prayer being made by learned counsel for the petitioner, this writ application is disposed of granting liberty to the petitioner to file a fresh representation before the District Education Officer, East Champaran, Motihari (respondent No.3) within one month from the date of passing of this order. If such a representation is filed, District Education Officer, East Champaran, Motihari (respondent No.3) is directed to dispose of the said representation on merit within a further period of six months from the date of filing of the representation after giving an

Patna High Court CWJC No.7817 of 2018(3) dt.02-12-2025 3/3 opportunity of hearing to the petitioner.

7. Needless to emphasis that the final order which shall be passed by the District Education Officer, East Champaran, Motihari (respondent No.3) shall be a reasoned and speaking order.

8. With the aforesaid observation/direction and liberty granted, the present writ application stands disposed of.

9. All pending I.A.s, if any, is deemed to have been disposed of.

(Alok Kumar Sinha, J) sanjeev/- U